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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Maritime conventions and the reincorporation of the coastal homelands into South Africa
Author:Devine, D.J.ISNI
Periodical:South African Yearbook of International Law
Geographic terms:South Africa
Subject:territorial waters
Abstract:It is almost certain that the coastal homelands, Ciskei and Transkei, will be reincorporated into South Africa, together with the other landlocked homelands of Bophuthatswana and Venda. A major concern will be to ensure that after reincorporation conventions to which South Africa is a party will apply in the territories of what are now Ciskei and Transkei. The present note examines the current situation with regard to maritime conventions and suggests how their application might be secured. The author argues that given the simple fact of lack of recognition of the homelands by third States, the homelands did not become parties to South African preindependence treaties by succession, and conventions did not apply in independent homeland territory by virtue of South African membership of the conventions. This means that a lacuna was created. The adoption of a new constitution for South Africa and the reincorporation of the homelands will provide an opportunity for this problem to be addressed. New constitutional provisions are a sine qua non for an appropriate solution, notably provisions on two specific topics: the relationship between international law and national law, and the definition of the national territory. Notes, ref.